H.B. No. 1495
AN ACT
relating to the ethics of certain public officials, including
certain disclosure requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be cited as the J D Lambright
Local Government Ethics Reform Act.
SECTION 2. Section 2252.908(b), Government Code, is amended
to read as follows:
(b) This section applies only to a contract of a
governmental entity or state agency that:
(1) requires an action or vote by the governing body of
the entity or agency before the contract may be signed; [or]
(2) has a value of at least $1 million; or
(3) is for services that would require a person to
register as a lobbyist under Chapter 305.
SECTION 3. Section 140.0045, Local Government Code, is
amended to read as follows:
Sec. 140.0045. ITEMIZATION OF CERTAIN [PUBLIC NOTICE]
EXPENDITURES REQUIRED IN CERTAIN POLITICAL SUBDIVISION BUDGETS.
(a) Except as provided by Subsection (b), the proposed budget of a
political subdivision must include, in a manner allowing for as
clear a comparison as practicable between those expenditures in the
proposed budget and actual expenditures for the same purpose in the
preceding year, a line item indicating expenditures for:
(1) notices required by law to be published in a
newspaper by the political subdivision or a representative of the
political subdivision; and
(2) directly or indirectly influencing or attempting
to influence the outcome of legislation or administrative action,
as those terms are defined in Section 305.002, Government Code
[that allows as clear a comparison as practicable between those
expenditures in the proposed budget and actual expenditures for the
same purpose in the preceding year].
(b) Subsection (a)(1) [This section] does not apply to a
junior college district.
SECTION 4. Section 161.001, Local Government Code, is
amended to read as follows:
Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter
applies only to:
(1) a county that:
(A) [(1)] has a population of 800,000 or more;
(B) [(2)] is located on the international
border; and
(C) [(3)] before September 1, 2009, had a county
ethics board appointed by the commissioners court;
(2) a county that:
(A) has a population of 425,000 or more;
(B) is adjacent to a county with a population of
3.3 million or more; and
(C) contains a portion of the San Jacinto River;
and
(3) a county that has a population of less than 40,000
that is adjacent to a county with a population of more than 3.3
million.
SECTION 5. Subchapter C, Chapter 161, Local Government
Code, is amended by adding Section 161.107 to read as follows:
Sec. 161.107. DISCLOSURE OF CERTAIN CONTRACTS. (a) The
commission shall prominently display on the county's Internet
website the following regarding contracts for services executed by
the county that would require a person to register as a lobbyist
under Chapter 305, Government Code:
(1) the execution dates;
(2) the contract duration terms, including any
extension options;
(3) the effective dates;
(4) the final amount of money the county paid in the
previous fiscal year;
(5) the identity of all parties to the contract;
(6) the identity of all subcontractors in the
contract; and
(7) the legislative agenda of the county.
(b) In lieu of displaying the items described by Subsections
(a)(1)-(6) regarding a contract for services that would require a
person to register as a lobbyist under Chapter 305, Government
Code, the commission may post on the county's Internet website the
contract executed by the county for those services.
(c) Information required to be displayed on a county's
Internet website under this section is public information subject
to disclosure under Chapter 552, Government Code.
SECTION 6. Chapter 170, Local Government Code, is amended
by adding Section 170.002 to read as follows:
Sec. 170.002. CODE OF ETHICS FOR CERTAIN COMMISSIONERS
COURTS. (a) This section applies to a county that has a population
of less than 40,000 that is adjacent to a county with a population
of more than 3.3 million.
(b) The commissioners court of a county subject to this
section may adopt by order a code of ethics that provides standards
of conduct for members of the commissioners court.
(c) If a commissioners court of a county subject to this
section adopts a code of ethics under this section, the code of
ethics must require each member of the commissioners court to file a
conflicts disclosure statement that is in addition to the statement
required by Section 176.003.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1495 was passed by the House on May 8,
2019, by the following vote: Yeas 109, Nays 28, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1495 on May 24, 2019, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1495 on May 26, 2019, by the following vote: Yeas 116,
Nays 11, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1495 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 27, Nays
4; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1495 on May 26, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor